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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On August 24, 2011, the Defendant was sentenced to six months of imprisonment by the Jeju District Court for a violation of road traffic law (drinking driving), and on January 23, 201, the Defendant was sentenced to ten months of imprisonment for a violation of road traffic law (dacting driving) at the same court on January 23, 201 and completed the execution of the sentence at the Jeju Correctional Institution on November 24, 2014.
[Criminal facts] On December 1, 2016, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol content of about 0.282% at approximately 20 meters from the Do to the public parking lot within the Han forest market every day in Han forest Eup, Han-gu, Han-si, Han-si, Han-si, Han-si, Han-si, Han-si, Han-do on December 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who makes a drinking and the result of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (report attached to the same criminal record and a copy of judgment of the suspect);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 (in short of the driving distance) of the Criminal Act are as follows: (a) the Defendant had been subject to punishment several times for the same kind of crime in addition to the previous conviction in the judgment; (b) the amount of alcohol content in the blood during the crime in this case is high to 0.282% at the time of the crime in this case; (c) the Defendant is being treated as the ex post facto group for alcohol dependence; (d) the circumstances after the crime in this case; and (e) the Defendant’s age and family relationship; and (e) the sentence is determined as ordered by considering all the circumstances such as